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IRS And Marijuana – Reefer Madness – Tax Court Harborside Decision

Harborside was a C corporation owned by DeAngelo and his partner, but during the years under consideration, it had to operate on a non-profit basis.  In 2018, California law became more liberal allowing among other things Mr. Wykowski to become the first person to buy a non-medical gram legally in California and for Harborside to go public.  That’s now, but of course, the Tax Court decision was about then. To comply with the not for profit requirement, Harborside used any profits to provide additional services to the patients.

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Tax Cut Bonanza For Retailers And Wholesalers

f the aggressive attitude toward inventory sticks and you combine it with other relaxations in allowable accounting methods (most importantly cash basis) and the unlimited expensing of most capital assets, businesses under $25 million of receipts (that’s indexed for inflation) and their owners and lenders will no longer be taxed on income.  They will be taxed, in effect, on what is called free cash flow.

A common measure is to take the earnings before interest and taxes multiplied by (1 − tax rate), add depreciation and amortization, and then subtract changes in working capital and capital expenditure

I can’t rule out the notion that this might not be such a bad idea. Certainly, free cash flow is a measure that is highly correlated with ability to pay.  On the other hand, a system like that seems destined to fuel wealth inequality and also encourage gaming.  If Mr. Potter is having a better year than he had planned, he can have his suppliers transfer title to goods that have not shipped.  There will be a real incentive for channel stuffing, particularly from suppliers that are public companies more interested in earnings growth and less tax-sensitive.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.